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Contributor
selvan777
Posts: 5
Registered: ‎01-31-2012

Notice of Claim of Copyright Infringement - Not!

I got the below email from Comcast Customer Security Assurance and I know nothing about the "Infringed Work: "The Divide".

I do use a wireless router with WPA2 Personal Security enabled with a ten character passphrase.  And I also have the built-in SPI Firewall Protection enabled.  On my computer, I have a trusted paid-for anti-virus program I've used for a decade, my own personal firewall, and routinely run malware, and the like, detecting utilities.

What do I do?

Dear Comcast High-Speed Internet Subscriber:

Comcast has received a notification by a copyright owner, or its authorized agent, reporting an alleged infringement of one or more copyrighted works made on or over Comcast's High-Speed Internet service (the 'Service').  The copyright owner has identified the Internet Protocol ('IP') address associated with your Service account at the time as the source of the infringing works.  The works identified by the copyright owner in its notification are listed below.

Evidentiary Information:
Infringed Work: The Divide

Cable Expert
i-am-nerdburg
Posts: 11,366
Registered: ‎06-27-2009

Re: Notice of Claim of Copyright Infringement - Not!

[ Edited ]

If you are 100% sure you or someone in your household didn't download the item, then you'll want to double check that your network is secure and that none of the machines on your network are compromised. It sounds like you have a good security routine, but change it up just in case you missed something. Change your network passwords, run multiple malware programs, do a deep scan and or a boot time scan with your anti-virus etc.


Getting legal advice from a cable guy on the internet is probably not in your best interest, if you are deeply concerned about the legal ramifications, you should contact an attorney. With that said:


Most ppl simply ignore the notices. Comcast is required to notify you of the claim under the DMCA so they don't get sued. It's extremely unlikely that the copyright holder will take any legal action whatsoever.


You can file a counter notification with Comcast's designated agent:


J. Opperman & M. Moleski/DMCA Notifications
Comcast Cable Communications, LLC
1800 Bishops Gate Drive
Mount Laurel, NJ 08054 U.S.A.
Phone: 888.565.4329
Fax: 856.324.2940
Email: dmca@comcast.net


All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. (You can find a counter notice generator here: http://www.chillingeffects.org/dmca/counter512.pdf)

 

 

New Visitor
reg2b
Posts: 1
Registered: ‎04-10-2012

Re: Notice of Claim of Copyright Infringement - Not!

I received an email about copyright infringement and I have no idea why! This is NOT ME!!!! I guarantee that!! I have no idea even how to do something like that!!  What do I do?? Regina Biggs

Cable Expert
i-am-nerdburg
Posts: 11,366
Registered: ‎06-27-2009

Re: Notice of Claim of Copyright Infringement - Not!


reg2b wrote:

I received an email about copyright infringement and I have no idea why! This is NOT ME!!!! I guarantee that!! I have no idea even how to do something like that!!  What do I do?? Regina Biggs


The first thing to do is make sure your network and computer is secure. Run virus and malware scans and change your passwords. If you are running a wireless network, be sure you are using best practices (strong encryption/passwords.)

 

As far as the notice goes your best option is to probably just ignore it and make sure it doesn't happen again.

New Visitor
Kiruswagz
Posts: 1
Registered: ‎06-02-2012

Re: Notice of Claim of Copyright Infringement - Not!

 i have a notice for two movies i didnt even download why is this happening. i have searched the files but its not in my computer i also checked my browsing data for entrys. 

Contributor
DeeJayZee
Posts: 21
Registered: ‎10-29-2010

Re: Notice of Claim of Copyright Infringement - Not!

[ Edited ]

i-am-nerdburg wrote:

reg2b wrote:

I received an email about copyright infringement and I have no idea why! This is NOT ME!!!! I guarantee that!! I have no idea even how to do something like that!!  What do I do?? Regina Biggs


The first thing to do is make sure your network and computer is secure. Run virus and malware scans and change your passwords. If you are running a wireless network, be sure you are using best practices (strong encryption/passwords.)

 

As far as the notice goes your best option is to probably just ignore it and make sure it doesn't happen again.


Absolutely wrong advice.  You have been targeted by a copyright troll, a legal firm that extorts people to make settlements based on mostly unsubstantiated claims of visiting their websites, downloading pay material, sharing files, etc.

 

They will subpoena Comcast to provide your personal information based on an alleged "infringement," using the IP number that Comcast assigns you when you sign on to the Internet using Comcast.  With this information, they will begin a campaign of harassment and extortion, offering you a very expensive settlement to not take you to court and expose you to public ridicule.  (Note, in five years, maybe a dozen people have actually been taken to court and none successfully prosecuted.)

 

Comcast will turn over your information to the troll firm within a certain number of days.  You may wish to hire an attorney to "quash" the subpoena, but this will result in the same information being delivered into the troll's hand -- and then the extortion will start.  I highly recommend getting an attorney qualified in this line of work (i.e., copyright and Internet law).  It will put your mind at rest and help to prevent you being called into federal court for something you only allegedly did.

 

BTW, Comcast has joined other Internet service providers (ISPs) in a suit to stop this type of extortionate practice, but for now, it will not fight in your behalf personally; it will turn over your personal information.  Be aware.  Here's a helpful website: http://fightcopyrighttrolls.com/.

Visitor
123RC
Posts: 1
Registered: ‎06-10-2012

Re: Notice of Claim of Copyright Infringement - Not!

[ Edited ]

 Secured the network.

New Visitor
Alpha-81
Posts: 1
Registered: ‎06-21-2012

Re: Notice of Claim of Copyright Infringement - Not!

Most of these are a bluff, meant to scare you, ignore it very hard, its illegal for Comcast to sell you out to the copyright trolls, that's why they are not allowed to contact you directly, think about it.

Contributor
DeeJayZee
Posts: 21
Registered: ‎10-29-2010

Re: Notice of Claim of Copyright Infringement - Not!

[ Edited ]

Alpha-81 wrote:

Most of these are a bluff, meant to scare you, ignore it very hard, its illegal for Comcast to sell you out to the copyright trolls, that's why they are not allowed to contact you directly, think about it.


Most are a bluff, but they can certainly contract you directly, once they have the information from Comcast. They get your personal information via a court order, a subpoena, which is completely legal. Then they can use that information to harass you and if they want to try to intimidate you, summons you to court.  This has been typical behavior.

 

However, Comcast recently won a motion to "quash" subpoenas in a recent case, which means they will never issue and the personal information of its subscribers (at least in that case) will be protected.  If Comcast wins in a major court case, now about to go to US Appeals Court, that it brought with the other ISPs (Internet service providers, cable and wireless companies), the copyright trolls will be finished.

 

Some say they already are, that judges are refusing even to countenance their cases in court.  Farewell, sweet princes of extortion.

New Visitor
AlexaRed
Posts: 4
Registered: ‎05-02-2013

Re: Notice of Claim of Copyright Infringement - Not!

Hello everyone!

 

While I've also heard that copyright infringement isn't much to worry about unless you're hosting a torrent site yourself, there is one aspect that no one has mentioned yet, but is still very important in my opinion.

 

The first time you get a notice you don't have to worry too much, even if you're guilty. From what I've seen they really just want to go to the source (like The Pirate Bay), but they like to let the "small fries" know that they're on to them to try and get them to stop. Unless they find several terabites of their content on your computer and have strong evidence then you should be alright. The problem that everyone seems to be overlooking is that if you keep doing it (or if it isn't you then whoever's using your IP) and it becomes a serious problem then Comcast can suspend or terminate your account. It violates their Terms of Use, and any emails you get about infringement say this:

 

"Comcast reminds you that use of the Service (or any part of the Service) in any manner that constitutes an infringement of any copyrighted work is a violation of Comcast's Acceptable Use Policy and may result in the suspension or termination of your Service account."

 

Now, most people these days have at least one other alternative for internet service in their area, but honestly, Comcast is the best. They have really good speeds for a decent price as long as you have it bundled. While I believe it's illegal for them to charge you while you're on a suspension, if they terminate service because of it they might be able to hit you with fees. I'm not sure on this, but I wouldn't put it past them. 

 

In the end, you may not have much in the way of legal ramifications to worry about, but you do have to consider the fact that you could lose your service over it.

New Visitor
JuLee27
Posts: 2
Registered: ‎07-23-2013

Re: Notice of Claim of Copyright Infringement - Not!

I remember reading an article a few months ago or was it last year about the copy right companies now trying to go through internet providers to hit at people who illegally download. And i remember the outcry about it being an invasion of privacy seeing as to actually prove that any illegal activity was going on, they would have to produce a copy of PRIVATE documents.

 

Not sure how it works or whatever.

 

BUT. reason i even got onto this thread was that i was just checking through my comcast account and found 1565 EMAILS and ALL of them had "NOTICE OF COPY INFRINGEMENT" on the subject heading. I don't know who or if anyone in my household is downloading or this is being sent by error. But since they haven't done jack she-at to me and have still kept us as paying customers i think its safe to say that those who got just 3 or 10 or even 100 are safe.

Contributor
Posts: 5
Registered: ‎05-18-2008

Re: Notice of Claim of Copyright Infringement - Not!

I've gotten like 5 of these in the last few days. For porn movies I've never even heard of.

I know my own network is secure, so I'm guessing it's either the copyright trolls, or the fact someone's using an IP spoofer so they don't get caught themselves. Sad part it's easy to do and increasingly common.

Regular Contributor
Posts: 31
Registered: ‎11-28-2009

Re: Notice of Claim of Copyright Infringement - Not!

THE BURDEN to censure these alleged sites; etc that offer torrents is at the COMCAST LEVEL; NOT THE USER. They do NOT want  you there; COMCAST should block access

THEY ARE COWARDS; received these specious emails before...